REGENTS’ POLICY
PART IV – HUMAN RESOURCES
Chapter 04.08 - Dispute and Grievance Resolution
P04.08.010. General Statement.
It is the objective of the university to treat its employees in a fair and consistent manner. The
university recognizes that a dispute and grievance resolution process is an important mechanism
in identifying and resolving problems. In the event of an employee grievance, it is the objective
of the university to accomplish the prompt, fair, and equitable resolution of the grievance at the
earliest possible time. Procedures for dispute and grievance resolution will be established by
university regulation.
(05-04-99)
P04.08.020. Effect of Failure to Seek Review.
A.
The failure of any party to exhaust administrative remedies by seeking review of a
decision under the grievance procedure by the first or next higher level within the time
limits established by the grievance procedure will be deemed to constitute acceptance of
that decision by the party and will constitute a resolution of the grievance.
B.
It is the employees' responsibility to be familiar with the Dispute and Grievance
Resolution time frames and deadlines included in regents’ policy and university
regulation. Failure to receive a response within the established time frame will not
relieve an employee from proceeding within the time allowed to a subsequent step in the
grievance process.
(05-04-99)
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Dispute and Grievance Resolution
P04.08.030. Time Limits.
Time limits will be established in university regulation.
(05-04-99)
P04.08.040. Reprisal Prohibited.
A.
No grievant, respondent or witness will be subject to harassment, reprisal, or retaliation
for good faith participation in the dispute and grievance resolution process.
B.
The dispute and grievance resolution process is intended to afford employees a
meaningful opportunity to resolve good faith employment-related disputes within the
structures of the university. Its success depends on the good faith efforts of all employees
to implement the regents’ policy and university regulation for this purpose.
C.
Grievants or administrators who utilize the process to harass other employees or who
pursue vexatious or repetitive grievances that are determined to be without merit are
subject to disciplinary action. A hearing officer may recommend disciplinary action
against persons using the process for other than the intended purpose.
(05-04-99)
P04.08.050. Abuse of Process.
Sanctions or costs may be imposed and awarded in the grievance process for dishonest, bad faith
or vexatious actions during the grievance process on the part of any grievant or administrator.
(05-04-99)
P04.08.060. Definitions.
Definitions will be established in university regulation.
(05-04-99)
P04.08.070. Dispute and Grievance Resolution Process.
The process for dispute and grievance resolution will be established in university regulation.
(05-04-99)
P04.08.080. Review of a Proposed Termination for Cause.
The process for review of a proposed termination for cause will be established in university
regulation.
(05-04-99)
P04.08.090. Applicability to Other Policy and/or Regulation.
The applicability to other regents’ policy and university regulation will be established in
university regulation.
(05-04-99)
P04.08.100. Appeal of Final Decisions Issued Under This Chapter.
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Dispute and Grievance Resolution
The process for appeals of final decisions issued under this chapter will be established in
university regulation.
(05-04-99)
P04.08.110. Reporting of Grievances to the Board of Regents and Governance Office.
The statewide office of human resources, in coordination with the vice chancellors for
administration, provosts, and university gGeneral cCounsel, will prepare an annual report of the
grievance process which will be distributed to the board and to the system governance office.
The report will include data, by campus, including the number and type of grievances, and
recommendations for changes, additions or modifications to the grievance policy. No
individually identifiable information will be included as a part of the report. [J. Phillips
comment: I am not aware of such reports being submitted to the board. Either the policy should
be deleted or reporting should be done.]
(05-04-99)
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Dispute and Grievance Resolution
UNIVERSITY REGULATION
PART IV - HUMAN RESOURCES
Chapter VIII - Dispute and Grievance Resolution
This regulation supersedes previous Regulation 04.08 as to all grievances arising on or after May 4, 1999, or in
which the Step 3 filing is made on or after May 4, 1999, and to all ongoing grievances in which the grievant and the
university agree to elect to proceed under this regulation and Regents' Policy 04.08 dated May 4, 1999. [S. Henrichs
comment: This statement seems unnecessary at this point.]
R04.08.030. Time Limits
The deadline for filing a grievance at Step 3 is 45 days from the date the grievant learned of, or
should reasonably have learned of, the act or omission giving rise to the grievance, whichever is
earlier. Actions should be initiated by the grievant at Steps 1 and 2 in sufficient time to allow
processing prior to the Step 3 deadline.
The time periods established in this regulation should be enforced under normal circumstances.
The decision-maker to whom a matter is addressed at Step 4 or above has discretion to extend or
waive the deadlines to accommodate schedules or promote justice. All time limits specified in
this regulation may also be extended by mutual agreement of all parties to the grievance. Any
waiver must be in writing. The respondent's representative is never required to extend or waive
deadlines.
(11-19-99)
R04.08.060. Definitions
Unless expressly stated otherwise, the following terms in this chapter will be given the following
specific meanings.
A.
Chancellor
Wherever the word "chancellor" appears, it is understood to mean a chancellor of the
grievant's MAU unit or a person specifically designated in writing by the president to
handle a matter or issue within the grievance process.
B.
Day
A "day" is a day the MAU from which the grievance arises is open for business, even if
classes are not scheduled.
C.
Dispute
A "dispute" is a disagreement or complaint related to employment by an employee or
group of employees of the university that may or may not constitute a grievance. The
“respondent” in all disputes is the university. [D. Smith clarification]
04.08
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Dispute and Grievance Resolution
D.
Employee
An "employee" includes anyone hired and placed on the university payroll to perform
work for pay for the university, including faculty, staff and student employees. To be an
"employee" an individual must meet the definition of employee at the time the grieved
act or omission occurred.
E.
Final Decision
A "final decision" is a decision of a chancellor or the president on a matter which is not
subject to further university review and which explains or is followed by written
notification that review may be had by filing an appeal with the superior court of the
State of Alaska within 30 days of the issuance of the decision in accordance with Alaska
Appellate Rule 602(a)(2).
F.
General Counsel
"General cCounsel" means the general counsel of the university or a person specifically
designated in writing by the general counsel or president to handle a matter or issue on
behalf of the general counsel.
G.
Grievance
A "grievance" is an allegation or complaint related to employment by an employee or a
group of employees of the university that there has been a specific violation of a Regents'
Policy or a University Regulation, or a clear abuse of discretion arising from the
application or administration of such policy or regulation, which directly and adversely
affects the employee or group of employees.
1.
04.08
The following are excluded from the definition of a grievance and can not be
processed under this Chapter:
a.
complaints or disputes other than those defined above as grievances;
b.
complaints or disputes which do not arise out of the employment
relationship between the grievant or grievants and the university;
c.
actions of the Board of Regents;
d.
complaints or disputes relating to a failure to appoint an employee to a
position within the university;
e.
complaints or disputes related to the application or administration of a
process that is subject to superior court appellate review. Such complaints
or disputes will be resolved as part of such process.
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Dispute and Grievance Resolution
2.
The following are governed by alternate processes and can not be processed under
this chapter:
a.
allegations or findings that an employee of the university has engaged in
unlawful discrimination or sexual harassment (see Regents' Policy and
University Regulation 04.02.020);
b.
complaints and disputes related to faculty promotion, renewal and/or
tenure (see Regents' Policy and University Regulation 04.04.050);
c.
complaints or disputes which may be grieved under a collective bargaining
agreement;
d.
complaints and disputes related to job classification (see Regents' Policy
and University Regulation 04.05.030);
e.
Student allegations and complaints (see Regents' Policy and University
Regulation 09.03.02);
f.
Complaints and disputes related to dismissal of at-will employees (see
Regents' Policy and University Regulation 04.01.050 and 04.07.020).
The following are covered by this chapter with modification to one or more of the
provisions herein:
a.
complaints or disputes related to layoff (see Regents' Policy and
University Regulation 04.09.050);
b.
complaints or disputes related to financial exigency (see Regents' Policy
and University Regulation 04.09.080 and 04.09.090);
c.
complaints or disputes related to reasonable accommodation for people
with disabilities (see Regents' Policy and University Regulation
04.02.030);
d.
complaints or disputes related to "for cause" actions (see Regents' Policy
and University Regulation 04.07.060 and 04.08.080).
Subject to a contrary agreement of the parties, grievances of an employee which are
being processed when a notice is issued to an employee of intent to terminate will be
consolidated with and considered and decided as part of the pretermination proceeding.
The record of such proceeding will be part of the pretermination proceeding.
H.
Grievant
A "grievant" is the employee or group of employees asserting a grievance.
04.08
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Dispute and Grievance Resolution
I.
Hearing Officer
The "hearing officer" is an individual, who has the experience necessary to adjudicate
disputes, is appointed by the the gGeneral cCounsel, conducts the grievance hearing and
makes a recommendation to the chancellor or president. [Since General Counsel was
defined with capitalization that is inserted throughout.]
J.
Mediator
A "mediator" is any appropriate neutral individual voluntarily chosen jointly by the
parties to assist them in reaching a mutually acceptable resolution of the dispute or
grievance.
K.
Party or Parties
The "parties" to the grievance are the grievant(s) and the respondent.
L.
President
Wherever the word "president" appears, it means the president of the University of
Alaska.
M.
Respondent
The "respondent" in all grievances is the University of Alaska. A grievance may not be
directed against another employee in their individual capacity. The respondent's
representative will be determined from time to time by the applicable chancellor, senior
administrator, or the president, and this decision may not be contested in the grievance
proceedings and is not grievable.
N.
Supervisor
The "supervisor" is the individual with direct supervisory authority over the employee
whose act or omission is being grieved.
(11-19-99)
R04.08.070. Dispute and Grievance Resolution Process
The following process will be used for the resolution of employment-related grievances as
defined in this chapter.
In order to eliminate multiple proceedings and to expedite resolution of all related complaints,
grievances that have not been finally decided when a notice of intent to discharge for cause is
issued to an employee will be considered and decided as part of the pre-termination proceeding.
04.08
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Dispute and Grievance Resolution
A.
Step 1: Informal Dispute Resolution
The grievant should notify the person responsible for the occurrence of the dispute and
attempt resolution at the lowest administrative level having the authority to resolve the
matter. The parties may use the assistance of a facilitator or mediator.
B.
Mediation
Any party to the grievance may request that an appropriate individual mutually agreed to
by the parties assist the parties to reach resolution of the grievance. No party is required
to participate in mediation. Mediation should normally occur at an early stage of a
grievance; however, requests for mediation will be considered at any step of the process.
Efforts at mediation will not preclude the processing of the grievance in the manner
provided by this procedure. Nor will participation in mediation excuse compliance with
grievance timelines absent agreement of both parties. The mediator will have no power
to compel any action by any party.
Prior to mediation, the participants and the mediator are encouraged to reach a written
agreement regarding confidentiality of the mediation process. The university will
provide a sample confidentiality agreement on request and will abide by an agreement
making the mediation confidential for purposes of the grievance process to the extent
allowed by law.
C.
Step 2: Review with Supervisor
If the dispute is not resolved in Step l and the grievant elects to proceed, the grievant
should discuss the dispute informally with the immediate supervisor of the person
responsible for the action. If the grievant's immediate supervisor is a chancellor or the
president, the grievant should only discuss the dispute with the supervisor if the grievant
consents to further participation by such decision-maker in the grievance process.
D.
Step 3: Grievance
1.
04.08
Filing
a.
If the dispute is not resolved in Steps 1 or 2, the matter involves a
grievance as defined above, and the grievant elects to proceed, the
grievant must file a written grievance within 45 days of the date on which
the grievant learned, or should reasonably have learned, of such act or
omission, whichever is earlier.
b.
The written grievance must be filed with the supervisor of the person
responsible for the act or omission. If the grievance concerns an action or
failure to act of a chancellor or the president, the grievance must be timely
filed with the chancellor or president, respectively, who will be considered
"supervisors" for the purposes of this section.
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Dispute and Grievance Resolution
2.
Contents of Grievance
At a minimum, the written grievance must include:
3.
a.
The name, title, address and work phone number of the grievant;
b.
The name and title of the person responsible for the act or omission being
grieved;
c.
A description of the act or omission being grieved, including a clear and
concise statement of the facts giving rise to the grievance, the date of the
occurrence and the date the grievant learned of the occurrence;
d.
A citation of the specific policy and/or regulation believed to have been
violated, misinterpreted and/or improperly applied, and an explanation of
how the policy or regulation has been violated, misinterpreted or
improperly applied;
e.
A description of the relief sought; and
f.
The grievant's signature and the date.
Process
If the grievant has not complied with Steps 1 and 2, the Step 3 supervisor may
notify the grievant in writing that processing will be delayed for up to 10 days to
provide an opportunity for informal dispute resolution.
If the grievance is not resolved informally, the Step 3 supervisor will investigate
the grievance as he/she deems appropriate and respond to the grievant in writing
within 10 days from the date the grievance was presented, or the end of any
informal dispute resolution period provided by this paragraph, whichever is later.
If the supervisor does not respond within such period, the grievance is deemed
denied.
E.
Step 4: Request for Hearing
1.
Grievant Responsibilities
If the grievance is not resolved at Step 3, the grievant may proceed with the
grievance only if the grievant requests a hearing as set forth in this paragraph
within 10 days of the receipt by the grievant of the supervisor's decision at Step 3,
or of the date the decision was due, whichever is earlier.
The grievant will present a written request for a hearing, including a copy of the
written grievance and the supervisor's response, if any, to the following senior
administrator:
04.08
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Dispute and Grievance Resolution
--
the provost or MAU equivalent, if the respondent’s reporting line is
academic;
--
the chief student affairs officer or MAU equivalent, if the respondent’s
reporting line is student affairs;
--
the vice chancellor for administration or MAU equivalent, if the
respondent’s reporting line is administrative;
--
the statewide chief human resources officer if the grievant is a statewide
employee.
If the grievance concerns an action or failure to act of the person with whom the
request would be filed at Step 4 as set forth above, the request for hearing will be
filed with the respective chancellor or, in the case of statewide employees, with
the president.
If the grievance concerns an action or failure to act of a chancellor or the
president, the request for hearing will be filed with the president.
2.
Senior Administrator Responsibilities
The person with whom the request for hearing is to be filed at Step 4 will:
04.08
a.
Promptly provide a copy of the request for hearing and all other
documentation submitted with the request to the person alleged to be
responsible for the act or omission, the gGeneral cCounsel, the applicable
campus personnelhuman resources director, and the statewide chief human
resources officer.
b.
Determine, within 10 days of receiving the request for a hearing, whether
there is a reasonable possibility that the matter complained of was a
violation of a policy or regulation or clear abuse of discretion arising from
the administration of such policy or regulation as applied to the grievant,
and whether the matter is grievable and has been properly filed and
processed under this policy.
c.
Grant a hearing unless a determination is made that:
(1)
there is no reasonable possibility that there has, in fact, been a
violation or clear abuse of discretion arising from the
administration of a policy or regulation as applied to the grievant;
or
(2)
the matter is not grievable or not properly filed and processed
under this Chapter, within deadlines imposed upon the grievant by
Regents' Policy and University Regulation.
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Dispute and Grievance Resolution
Base the determination as to whether a hearing will be granted on a review
of the written request for a hearing, all other documentation and responses
submitted by the grievant, and the written responses and documentation
submitted by the person alleged to be responsible for the act or omission
and/or that person's supervisor. Questions may be directed to the parties
to assist in the determination.
d.
Provide a written explanation of the determination to the grievant, the
person alleged to be responsible for the act or omission at issue, and the
chancellor or president as applicable. Any delay in making and/or issuing
this determination will not affect the outcome of the process, but a written
explanation of the reason(s) for the delay will be provided.
If the Step 4 decision is to dismiss the matter, notification of the dismissal
will state the basis of the decision and will be transmitted to the parties
and the gGeneral cCounsel within 5 days of the decision.
The gGeneral cCounsel may overrule a determination dismissing a
grievance without a hearing within 20 days of receipt of the determination,
whether or not requested to do so by the grievant. If the gGeneral
cCounsel overrules dismissal of a grievance without a hearing, a Step 5
hearing will be held.
Notification of a Step 4 decision to hold a hearing, along with a request to
the gGeneral cCounsel to appoint a hearing officer, will be transmitted by
the person making the determination to the parties and the gGeneral
cCounsel within 5 days of the decision.
The gGeneral cCounsel may give the parties notice of an intent to overrule
a Step 4 determination and dismiss a grievance without a hearing within 5
days of receipt of the Step 4 determination, whether or not requested to do
so by a party.
If the gGeneral cCounsel gives the parties notice of intent to overrule a
Step 4 determination and dismiss a grievance without a hearing, the parties
may respond within 5 days. If no response is submitted within 5 days, the
grievance will be considered finally dismissed by the university at that
point. If a response is received, the gGeneral cCounsel will decide the
matter within 5 days. If the gGeneral cCounsel consults with the president
concerning whether a hearing should be held that will not disqualify the
president as a decision-maker. A decision of the gGeneral cCounsel to
dismiss a grievance without a hearing is the final decision of the
university.
e.
Appointment of the Hearing Officer
If the final determination is to hold a Step 5 Hearing, the gGeneral
cCounsel will appoint a hearing officer.
04.08
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Dispute and Grievance Resolution
f.
Disqualification of a Hearing Officer
Any party may seek the disqualification of any hearing officer assigned to
consider a grievance. To be valid, a request for disqualification of a
hearing officer must be made at the earliest possible time. The hearing
officer will consider all requests for disqualification and will rule on the
question as soon as reasonably practicable.
Rules pertinent to
disqualification requests include:
04.08
(1)
In the absence of written consent of the grievant, current service as
a representative of the university in an adversary proceeding will
require disqualification of the hearing officer.
(2)
In the absence of written consent of the grievant, past or current
service as a representative or advisor to the university pertaining
specifically to the grievant will require disqualification of the
hearing officer.
(3)
Past or current service as a hearing officer or advisor to a
university administrator while acting as an adjudicator will not be
grounds for disqualification.
(4)
Past service as a representative of the university in an adversary
proceeding will not be grounds for disqualification if the service
has been completed.
(5)
A request for disqualification may be denied based upon delay,
especially if the delay caused detriment to a party.
(6)
If a timely request for disqualification claiming lack of impartiality
is made, the hearing officer will disqualify him/herself unless
he/she expressly determines that he/she is and will be impartial.
(7)
Knowledge of circumstances or facts giving rise to the grievance is
not sufficient to justify disqualification unless it precludes the
hearing officer from being impartial.
(8)
The gGeneral cCounsel may, with or without a request to do so,
disqualify a hearing officer for any reason or no reason prior to a
ruling on a matter of importance in the proceeding.
(9)
The president may disqualify a hearing officer at any time.
(10)
If the gGeneral cCounsel consults with a chancellor or the
president relative to disqualification of a hearing officer, that will
not disqualify the chancellor or president from acting as decisionmaker.
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Dispute and Grievance Resolution
F.
Step 5: Hearing Process
1.
Hearing Officer Responsibilities
The hearing officer will conduct a formal hearing that may be preceded by prehearing proceeding(s). The process set forth with respect to Step 5 may be
amended or supplemented by written agreement of the parties. The hearing
officer may construe or reject any modifications of the process which are not clear
and unambiguous.
Otherwise, the procedures for the hearing:
a.
will be determined by the hearing officer;
b.
will be made known to the parties;
c.
will afford all parties to the hearing a meaningful opportunity to present
their cases; and
d.
may include an opportunity prior to an oral presentation of evidence to
decide, in whole or in part, the merits of the case where the hearing officer
determines there are no issues of material fact.
Within 5 days of the conclusion of the hearing or submission of any briefing
ordered by the hearing officer, whichever is later, the hearing officer should
submit his/her recommended findings of fact and conclusions of law for the
resolution of the matter in writing, along with all materials considered by the
hearing officer in reaching his/her recommendations, to the chancellor or
president. A failure of the hearing officer to do so within 5 days will not affect
the outcome of the process, but a written statement of reasons for the delay will be
submitted by the hearing officer to the chancellor or president before or with the
findings and recommendations.
The hearing officer will submit a copy of the explanation for any delay and the
recommended findings and conclusions to the grievant, the person responsible for
the act or omission complained of, the respondent's representative and the
university gGeneral cCounsel.
The hearing officer's recommendations will include a statement of the grievance,
the procedural history of the grievance, a statement of the issues considered by the
hearing officer, the reason for the recommendation, the statement of remedy, and
timelines for implementing the remedy.
04.08
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Dispute and Grievance Resolution
2.
Conduct of Hearings
a.
Pre-Hearing Conference
Not less than 5 days before the hearing, the hearing officer may convene
the parties for a pre-hearing conference if, in his/her judgment, such a prehearing conference would be beneficial to the parties or to the hearing
officer. During the pre-hearing conference, the hearing officer may:
b.
(1)
consider requests for disqualification of a hearing officer;
(2)
clarify and, where possible, simplify the issues to be heard;
(3)
frame the issues and allocate burden of proof;
(4)
establish the facts, to the extent possible;
(5)
provide for the exchange of documents and other information;
(6)
arrange for witnesses and representatives or advisors;
(7)
establish deadlines for providing appropriate materials;
(8)
determine whether the hearing will be open or closed in
accordance with e. below;
(9)
review the procedures for conducting the hearing; and
(10)
conduct other appropriate business to ensure a fair, effective, and
expeditious hearing.
Hearing
The hearing will be conducted in such a manner as to permit the parties a
reasonable opportunity to present their perspectives on the issues in
dispute and to provide sufficient information for the hearing officer to
make a recommendation.
Parties to the grievance will be afforded a reasonable opportunity to call
and examine witnesses, introduce exhibits, and ask questions of the
opposing party and witnesses for the opposing party.
The technical rules of evidence will not apply to the hearing. Any relevant
evidence may be admitted if it is the sort of evidence on which responsible
persons rely in the conduct of serious affairs. Irrelevant or unduly
repetitious evidence may be excluded. The rules of attorney/client
privilege apply to the same extent as in civil actions.
04.08
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Dispute and Grievance Resolution
c.
Representatives or Advisors
Any party may, but need not, be represented by any person including legal
counsel. Parties using representation will be responsible for payment of
all associated fees.
d.
Record of Proceedings
Hearings will be recorded by the hearing officer; however, the hearing
officer will not be responsible for technical problems, and such technical
problems will not affect the outcome and will not form the basis for
challenge as to the adequacy of the proceedings. Any party may request
copies of the tape recordings at cost. Any party may tape record the
proceedings at the party's expense, provided that such recording does not
unduly disrupt the proceedings.
e.
Public and Witness Access
Hearings conducted under these procedures will normally be open to the
public. The hearing officer will close the hearing to the public only upon
a finding that a closed hearing either is legally required or would result in
a fairer and more just hearing process. The hearing officer may direct that
witnesses, but not the parties and their representatives, be excluded from a
hearing except while providing testimony. The deliberations of the
hearing officer will be closed to the public and the parties to the grievance.
f.
Burden of Proof
The grievant bears the burden of proof in all hearings by a preponderance
of the evidence. If, however, the respondent has evidence about the facts
giving rise to the grievance which are not known by the grievant, the
respondent may be allocated the burden of producing such evidence. The
grievant bears the burden of persuasion on all issues.
g.
Cooperation
All university personnel have the responsibility to cooperate with the
grievance process and may not refuse a lawful direction of the hearing
officer to disclose information.
G.
Step 6: Decision of the Chancellor or President
The chancellor or president will review the recommendations of the hearing officer and
adopt them in whole or in part and/or render a separate written decision within 15 days of
the receipt of the recommendations. Should findings or recommendations of the hearing
officer not be accepted, the decision will indicate the reasons for rejection or reversal.
04.08
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Dispute and Grievance Resolution
The decision of the chancellor or president and a copy of the recommendations of the
hearing officer will be furnished to the parties, the hearing officer and the university
gGeneral cCounsel. In the case of a grievance filed against the president, these materials
will also be provided to the chair of the Board of Regents. A decision by the president is
the final decision of the university.
The written decision of the chancellor or president may:
H.
1.
grant relief requested by the grievant in whole or in part; or
2.
deny relief requested by the grievant; or
3.
award such other relief as is suitable to the matter; and/or
4.
return the matter to the hearing officer for clarification or for the taking of further
evidence as to specified issues.
Step 7: Discretionary Review by the President
A grievant not satisfied with a decision of a chancellor may request discretionary review
by the president. Such request must be in writing and must be submitted to the president
within 10 days of the issuance of the decision of the chancellor. The president has no
obligation to accept review or to follow any particular process if review is accepted.
If the president does not grant a request for review within 20 days of the issuance of the
decision of the chancellor, the decision of the chancellor becomes the final decision of
the university on the 20th day.
If the president notifies the grievant within 20 days of the issuance of the decision of the
chancellor that the president will review the chancellor's decision, the president will
consider the record of the grievance before the hearing officer and before the chancellor
and take such action as the president deems appropriate.
Both the decision of the president with respect to whether to review the chancellor's
decision and the president's substantive decision are final decisions and may not be
grieved. A failure of the president to accept review of a decision of a chancellor may not
be reviewed.
(08-17-01)
R04.08.080. Review of a Proposed Termination for Cause
A.
Procedure
1.
Written Statement
In the event of a decision to terminate an employee for cause, the supervisor will
provide the employee with a written statement of:
04.08
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Dispute and Grievance Resolution
2.
a.
the reason(s) for the planned action;
b.
a statement of the evidence supporting the reason(s) for the planned
action; and
c.
notice of the employee's right to request a hearing in accordance with
policy and regulation at the time the employee is notified of the
university's intention to terminate the employee's employment.
Request for Hearing
Within 5 days following receipt of the notice, the employee may request a hearing
to contest the termination by submitting a written request to the regional
personnelhuman resources officer for the unit at which the individual is
employed, or to the statewide chief human resources officer in the case of the
termination of a statewide employee. The written request for a hearing may either
be hand delivered, mailed, transmitted by facsimile or by electronic mail, but
must be received within the specified time limit.
3.
Hearing
If a timely request is received, a hearing will be scheduled not less than 3 days
from the date of the request before a hearing officer appointed by the university
gGeneral cCounsel.
At the hearing, the university will have the burden of proof of demonstrating by a
preponderance of the evidence that just cause exists for the termination of the
employee. The employee will be afforded an opportunity to present testimony
and other evidence as to why the action should not be taken and may be
represented by legal counsel or another advisor of the employee's choosing.
The hearing will be recorded. Additionally, the other specific provisions of this
Chapter will apply as appropriate to the hearing, except that continuances granted
at the request of the employee will not necessarily delay the implementation of
the proposed termination.
4.
Hearing Officer Responsibilities
The hearing officer will consider the evidence presented and the proposed action
and submit a recommended decision within 5 days of the close of the hearing to
the chancellor for the unit at which the individual is employed, or to the statewide
chief human resources officer in the case of the termination of a statewide
employee. The time may be extended by the hearing officer with the agreement
of the parties. Absent such agreement, failure of the hearing officer to comply
with this time limit will not affect the validity of the process if the employee
remains in pay status.
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5.
Decision
The chancellor or statewide chief human resources officer, as appropriate, will
consider the recommendation of the hearing officer and issue a decision in the
matter.
B.
Termination of Pay
Employees will normally remain in pay status until the decision of the chancellor or
statewide chief human resources officer, as appropriate, is made unless a prior proceeding
affording minimum due process has been made available.
Additionally, nothing in this provision will be construed to preclude the university from
suspending an employee with pay pending the outcome of this review process.
C.
Appeal of Termination Decision
A party not satisfied with the decision of the chancellor or statewide chief human
resources officer, as appropriate, may appeal the decision in writing to the president.
Such appeal must be submitted within 10 days of the issuance of the decision.
The president will consider the record before the hearing officer, the decision on appeal,
and the appeal and take such action, as the president deems appropriate. The decision of
the president is final.
(11-19-99)
R04.08.100. Appeal of Final Decisions Issued Under This Chapter
Pursuant to Alaska Appellate Rule 602(a), a final decision issued under this chapter may be
appealed to the superior court for the State of Alaska within 30 calendar days of the date on
which the decision was issued.
(05-04-99)
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